In a significant legal move, the Central Bureau of Investigation (CBI) has approached the Supreme Court of India, arguing that the Delhi High Court made a critical error by not classifying a former MLA as a 'public servant' in a case under the Protection of Children from Sexual Offences (Pocso) Act. The agency has cited the Supreme Court's own landmark verdict in the L K Advani case to bolster its argument.
The Core of CBI's Argument: MLAs as Public Servants
The federal probe agency has sought the quashing of the Delhi High Court's order that granted bail to Kuldeep Singh Sengar. Sengar was a sitting Member of the Legislative Assembly (MLA) at the time the alleged offence was committed. The CBI's appeal contends that the High Court failed to consider that a lawmaker, by virtue of holding a constitutional office, is vested with public trust and authority.
The CBI has pointed to the Supreme Court's judgment in the L K Advani versus CBI case, where it was ruled that anyone holding public office, like MPs or MLAs, is deemed a public servant under the Prevention of Corruption Act. The agency argues that if lawmakers can be prosecuted for corruption as public authorities, the same logic must apply for more grave offences under the Pocso Act.
Misapplication of Pocso's Aggravated Assault Clause
The controversy centres on Section 5(c) of the Pocso Act, which deals with 'aggravated penetrative sexual assault'. This provision mandates stricter penalties when the assault is committed by individuals in positions of power and trust, such as police officers, armed forces personnel, public servants, or staff of educational or medical institutions.
The Delhi High Court had ruled that Sengar's case did not fall under this aggravated category, as an MLA was not explicitly listed. The CBI has strongly countered this, stating the High Court "failed to adopt a purposive interpretation that advances the object and intent of the Pocso Act."
The agency's appeal emphasizes that offences under Pocso Section 5(c) are of greater gravity than corruption offences by MPs or MLAs. It states the law provides for stringent penalties precisely to punish exploitation by those abusing their power, position, or status, whether political or otherwise.
Upcoming Hearing and Broader Legal Principles
A Supreme Court vacation bench is scheduled to take up the CBI's plea on December 29. In its appeal, the CBI has also outlined stringent criteria for suspending the sentence of a convict serving a life term.
It argued that such relief should only be granted if the conviction appears prima facie unsustainable and there is a high chance of success in the appeal. "Mere long incarceration or delay in hearing the appeal, by itself, does not automatically justify suspension in heinous offences," the CBI stated, adding that courts must balance individual liberty with societal interest and the gravity of the crime.
This case is poised to set a crucial precedent on the accountability of elected representatives under child protection laws, reinforcing the principle that constitutional office bearers carry a heightened responsibility towards society.
